It would be "much simpler" to consider abandonment of employment as falling within the definition of dismissal under the Fair Work Act, instead of applying the "complicated contractual concept of renunciation", according to a Fair Work Commission member.
Despite acknowledging significant flaws in an employer's process, the Fair Work Commission has refused to grant an employee leave to appeal against a finding that he was fairly dismissed.
An employer had decided an employee wasn't suited to his role before he took sick leave, the Federal Circuit Court has accepted, ruling that sacking him the day he returned to work wasn't unlawful adverse action.
When courts are considering who made a decision to dismiss or take other adverse action against an employee, and for what reasons, identifying and interrogating all decision-makers has become a "live issue", a workplace lawyer says.
A full Federal Court ruling affirms there's a low threshold for what triggers the corporate whistleblower regime, and workplace lawyers say it provides "authoritative guidance" on how employers can discharge their reverse onus of proof.
An employee has won compensation for unfair dismissal, after the Fair Work Commission found he was warned about failing to provide notice of his absences, but not more broadly about his attendance issues.
A resignation email that copied in clients was potentially embarrassing for an employer, but it didn't warrant dismissal, the Fair Work Commission has ruled.
It was "extraordinarily insensitive" to tell an employee to be "inclusive of all opinions", including racist ones, the Fair Work Commission has found in unfair dismissal proceedings.
Dismissing an employee because he wouldn't agree to his image or voice being shared on social media, unless he was paid extra for it, amounted to unlawful adverse action, the Federal Circuit Court has ruled.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
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